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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Tuesday, April 18, 2006 ::
    Strengthening Chevron without dissent?

    Yesterday, the Supreme Court issued a summary opinion -- granting cert and remanding in one brief, per curiam opinion -- in Gonzalez v. Thomas. It's a refugee case, and I wish the Thomases all the best.

    Legally, I think this opinion marginally strengthens the Chevron principle, since it slams the Ninth Circus, 409 F. 3d 1177 (2005), for prematurely deciding the ultimate issue in the case, without remanding for the agency to take another whack at it. Chevron, likewise, contained language deploring the tendency of the Courts of Appeal to issue binding statutory interpretations where Congress has assigned interpretive authority to an agency.

    On the minus side, there's a glancing reference to agency "expertise," which to my nostrils points more in a Skidmore/Mead direction.

    :: David M. Wagner 7:38 PM [+] ::

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